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Section 95 Answering of criminating questions and certificate of indemnity - Representation of the People Act, 1951

What is the Answering of criminating questions and certificate of indemnity? Section 95 of Representation of the People Act, 1951

Section 95 : Answering of criminating questions and certificate of indemnity

(1) No witness shall be excused from answering any question as to any matter relevant to a matter in issue in the trial of an election petition upon the ground that the answer to such question may criminate or may tend to criminate him, or that it may expose or may tend to expose him to any penalty or forfeiture:

Provided that -

(a) a witness, who answers truly all questions which he is required to answer shall be entitled to receive a certificate of indemnity from the High Court; and

(b) an answer given by a witness to a question put by or before the High Court shall not, except in the case of any criminal proceeding for perjury in respect of the evidence, be admissible in evidence against him in any civil or criminal proceeding.

 

(2) When a certificate of indemnity has been granted to any witness, it may be pleaded by him in any court and shall be a full and complete defence to or upon any charge under Chapter IXA of the Indian Penal Code, 1860 (45 of 1860), or Part VII of this Act arising out of the matter to which such certificate relates, but it shall not be deemed to relieve him from any disqualification in connection with an election imposed by this Act or any other law.

   

 

 
 


The Representation of the People Act 1951

Section 93 Documentary evidence

Section 94 : Secrecy of voting not to be infringed

Section 95 Answering of criminating questions and certificate of indemnity

Section 96 Expenses of witnesses

Section 97 Recrimination when seat claimed

Section 98 Decision of the High Court

Section 99 Other orders to be made by the High Court

Section 100 Grounds for declaring election to be void

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